2016
CR!Ml)'.;ALPIDCEDl'RE A'-ITI EVIDliNCR /\1\!El'\Dl\lE;>;T
Provided that, where an arrested person must he
produced before a court within forty-eight hours after his or
her arrest in accordance with section32, it shall be lawful for
the police to take the arrested person to court in the absence
of his or her legal practitioner if(i)
the arrested person, \\ ithout any fault on the pati of
the police, h1ils to contact, obtain or instruct a legal
practitioner of his or her own choice; or
(ii)
where the arrested person succeeds in contacting,
obtaining or instructing ale gal practitioner of his or her
own choice, that legal practitioner, \vithout any fault
on the part of the police, fails to represent the arrested
person within that period or at the court where he or
she must appear.
(3) The res]Xmsihlc person shall inform any interested party,
promptly on request, of the detained person's whereabouts and of the
reasons for the detained person's detention or custody unless there are
compelling reasons for not doing so (the proof whereof rests with the
responsible person).".
45
Amendment of section 389 of Cap. 9:07
Section 389 ("Regulations") of the principal Act is amended in subsection (2) by
the insertion after paragraph (d) of the following paragraphs"(e)
in relation to the ''Statement of Rights l'pon Arrest" set forth in the
Tenth Schedule·(i)
for the official translation of the Statement into Chew a, Chi harwe,
Kalanga, Koisan, Namhya, Ndau, Ndebele, Shangani, Shona,
Sotho, Tonga, Tswana. Venda and Xhosa;
(ii)
for the amendment of the Tenth Schedule by adding, deleting or
substituting any words therein, or for the replacement the Tenth
Schedule entirely:
Provided that when the !\.Iinister wishes to make regulations
for the purpose of subparagraph (i) or (ii) he or she shall lay the drati
regulations before Parliament, and if neither the :\ational Assembly
nor the Senate makes a resolution against the publication of regulations
within the next seven sitting days after it is so laid before each House,
the \Jinister shall cause it to be published in the Gazeue;
(f)
46
for the questioning by peace ofticers of persons who arc suspected of
ha,·ing l~onunitted an offence.".
New Schedule substituted for First Schedule to Cap. 9:07
The First Schedule to the principal Act is repealed and the following is substituted"FIRST SCHEDULE (Sections 25, 27. 39 and 42)
SPECIFIED OFFENCES IN RELATION TO POWERS OF ARREST
Any offence in respect of which a punishment of a period of
imprisonment exceeding six months is provided and may be imposed
without the option of a tine, and any conspiracy, incitement or attempt to
commit, or being a participant in, any such ofTencc. ".
61
No.2
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